B2 to F1 and immigration filing

[wahab003]

I live in India and I have been filed for immigration visa by my mother who holds a green card in US. This immigration filing should mature in around 3 years. Now at present I am visiting the US on B2 visa and wanted to explore the option of converting this to F1 visa. So I have few questions here.
• Can I apply for a change of status while still residing in US before my I-94 expires?
• Incase my change of status takes time and my I-94 expires, will this affect my immigration file while is about to mature in 3 years time?
• Does the overall idea of trying to change from B2 to F1 change of visa status affect my immigration file in any way in the sense does this complicate my case and complicate my chances of getting an immigration visa ?

can anyone please advise.

[Nattybone]

I live in India and I have been filed for immigration visa by my mother who holds a green card in US. This immigration filing should mature in around 3 years. Now at present I am visiting the US on B2 visa and wanted to explore the option of converting this to F1 visa. So I have few questions here.
• Can I apply for a change of status while still residing in US before my I-94 expires?
• Incase my change of status takes time and my I-94 expires, will this affect my immigration file while is about to mature in 3 years time?
• Does the overall idea of trying to change from B2 to F1 change of visa status affect my immigration file in any way in the sense does this complicate my case and complicate my chances of getting an immigration visa ?

can anyone please advise.

Hello, Wahab.

I have no idea on whether B2 to F1 will impact your Immigration, you could wait for others to respond on that. I am sharing my experiences on your queries on B2 to F1 Change of Status attempt:
1) At Port of Entry, please do NOT mention that you intend to file a F1 Change of Status petition. They will not permit you to enter USA. You can say you are on Holiday and will fly back in 3-4 weeks. Also, i am not sure how will they react if you say you intend to stay long term. Do not disclose all this at the Port of Entry and you should, under normal circumstances, get a 6 month stay in USA.

2) Please do not immediately, upon reaching USA, file for Change of Status. I have heard some scary things about COS within first 30 days of arrival is considered a fraud as the intention to enter USA was COS. So, 90 days is what i have heard is safe for doing a COS. Again, please do conduct independent research on this.

3) Your COS should not take very long. I had received the decision (Decline) in under 4 weeks. So, carefully plan everything. Assuming a 6 month I94. When is the University course beginning. Your I94 should not have expired for more than a month from the course beginning date. i.e.: You get an I94 till Mar 2014 end and your F1 course commences in May 2014. This F1 petition will get declined.

If you are very concerned about COS, have you considered getting an F1 visa from India itself. I understand they can not only reject but also revoke your existing B2 visa. But, just a suggestion.

I hope this helps. Wishing you luck.

Cheers,

[Gillsam]

Advice on same matter

Hello, Wahab.

I have no idea on whether B2 to F1 will impact your Immigration, you could wait for others to respond on that. I am sharing my experiences on your queries on B2 to F1 Change of Status attempt:
1) At Port of Entry, please do NOT mention that you intend to file a F1 Change of Status petition. They will not permit you to enter USA. You can say you are on Holiday and will fly back in 3-4 weeks. Also, i am not sure how will they react if you say you intend to stay long term. Do not disclose all this at the Port of Entry and you should, under normal circumstances, get a 6 month stay in USA.

2) Please do not immediately, upon reaching USA, file for Change of Status. I have heard some scary things about COS within first 30 days of arrival is considered a fraud as the intention to enter USA was COS. So, 90 days is what i have heard is safe for doing a COS. Again, please do conduct independent research on this.

3) Your COS should not take very long. I had received the decision (Decline) in under 4 weeks. So, cefully plan everything. Assuming a 6 month I94. When is the University course beginning. Your I94 should not have expired for more than a month from the course beginning date. i.e.: You get an I94 till Mar 2014 end and your F1 course commences in May 2014. This F1 petition will get declined.

If you are very concerned about COS, have you considered getting an F1 visa from India itself. I understand they can not only reject but also revoke your existing B2 visa. But, just a suggestion.

I hope this helps. Wishing you luck.

Cheers,

Hi natty bone ,

I am considering similar process of change of status from b2 to f1. I would really appreciate if you can advice me on this
1) in case it gets declined, does this affect your existing b2 visa and I 94?
2) can you tell me what reason they gave in your case for declining it?

Hope to hear from you soon.

[urvidharod]

B2 to F1 filing

Hi,

Can anyone suggest how long should I wait before filing for B2 to F1? Also, do we need to write a letter stating the reason for the change of status?

[stephanie09]

Hi,

Can anyone suggest how long should I wait before filing for B2 to F1? Also, do we need to write a letter stating the reason for the change of status?

Hey did you get an answer yet?
Did you file?
If you filed how long did it take to get approved?